Rajasthan High Court - Jaipur
Pappu Lal S/O Badri Lal vs State Of Rajasthan on 2 July, 2018
Author: Sabina
Bench: Sabina
(1 of 2)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISC. 3rd BAIL APPLICATION NO.
7790/2018
Pappu Lal S/o Badri Lal, B/c Gurjar, R/o Sati Ka Talawada, P.S.
Khandar, District Sawai Madhopur (Raj.)
At Present confined in Distt. Jail, Tonk (Raj.).
----Petitioner
Versus
State of Rajasthan, through P.P.
----Respondent
__________________________________________ For Petitioner : Mr. Praveen Kumar Jain For Respondent : Mr. R.S. Shekhawat, P.P. __________________________________________ HON'BLE MRS. JUSTICE SABINA Order 02/07/2018 Petitioner has filed this 3rd petition under Section 439 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') seeking regular bail in F.I.R. No.29/2011 registered with Police Station SOP for offence under Sections 376, 363, 366 Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that petitioner is in custody since 17.05.2016. In-fact, earlier petitioner was declared an absconder. During trial, statement of the prosecutrix has been recorded on 24.04.2018, wherein, she has stated that she had lived with the petitioner for about 8/9 months and she had become pregnant and had given birth to a daughter. However, the child had died after three days. Prosecutrix had appeared before this court on 5.8.2011 in S.B. Criminal Misc. Petition No. 2031/2001 and her (2 of 2) statement Annexure-1 was recorded, wherein, she had stated that she had gone with the petitioner of her own accord and had lived as his wife. However, now prosecutrix has got married to some other person. In-fact, male members of family of the petitioner have been falsely involved by the prosecutrix in this case.
Learned State Counsel has opposed the petition. Keeping in view the submissions made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
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